Reprinted

February 15, 2000





ENGROSSED

HOUSE BILL No. 1008

_____


DIGEST OF HB 1008 (Updated February 14, 2000 2:59 PM - DI 87)



Citations Affected: IC 5-3; IC 5-11; IC 6-1.1; IC 6-4.1; IC 13-21; IC 32-1; IC 33-17; IC 33-19; IC 34-30; IC 36-1; IC 36-2; IC 36-4; IC 36-5; IC 36-8; IC 36-9; noncode.

Synopsis: Local government matters. Provides that a city, town, or school corporation may post notices at a post office, bank, or public building in which the respective governing bodies meet only if the city or town does not have a city or town hall, or the school district does not have an administration building. Prohibits a person who owes delinquent property taxes from purchasing real property at a tax sale or at a sheriff's sale of real property to which the county has obtained title. Revises the procedure for refunding inheritance tax that has been erroneously or illegally collected. Requires a change in city, town, or school corporation notice postings. Provides that a local official who attends a state called conference is entitled to receive reimbursement for meals. Adds city clerk and town clerk to the list of officials before whom the recording of a real property conveyance may be proved.
(Continued next page)

Effective: January 1, 2000 (retroactive); upon passage; July 1, 2000.





Ayres, Stevenson, Leuck, Goeglein , Hasler
(SENATE SPONSORS _ SKILLMAN, MERRITT, WOLF, SMITH S, LAWSON C)




    November 23, 1999, read first time and referred to Committee on Local Government.
    January 18, 2000, amended, reported _ Do Pass.
    January 24, 2000, read second time, amended; made special order of business for 3:45 p.m.; reread second time, amended, ordered engrossed.
    January 25, 2000, engrossed. Read third time, passed. Yeas 92, nays 0.

SENATE ACTION

    January 27, 2000, read first time and referred to Committee on Judiciary.
    February 10, 2000, amended, reported favorably _ Do Pass.
    February 14, 2000, read second time, amended, ordered engrossed.





Digest Continued

Cross references to a provision that allows legislators and certain others to prove a conveyance. Removes municipal courts from the distribution of the qualified municipality share of court fees. Requires that funds appropriated for clerk-treasurer legal expenses be allocated to the clerk-treasurer. Provides that a county clerk is not personally liable for dishonored checks presented for the payment of fees, court ordered payments, or licenses. Requires that one copy of the financial records of each agency, board, commission or district or other municipal entity must be filed with the municipal fiscal officer. Provides that a county recorder is not personally liable for dishonored checks presented for the payment of fees. Provides that a county treasurer is not personally liable for an act or omission occurring in connection with the performance of the county treasurer's official duties, except under certain circumstances. Requires that documents submitted to a county recorder must be legible. Repeals statute requiring the county auditor to collect a fee for each assessed value deduction application received from a property taxpayer. Makes changes regarding filings to collect delinquent municipal sewer fees. Allows a solid waste management district in Vanderburgh County to provide grants and loans to plant and maintain trees on rights-of-way, public property, and vacant property. Requires each county, municipality, and township to forward matters related to dishonored checks to the prosecuting attorney. Allows a town board of metropolitan police commissioners to provide for a one year probationary period for town police officers. Provides that the county executive must publish a statement of the county's receipts and expenditures during the preceding calendar year including the total compensation paid to all county officers, deputies and employees. (Current law requires the county executive to publish the name and compensation paid to each officer, deputy and employee.) Allows Indian Creek township of Pulaski County to transfer $8,200 from the township's fire fund to the township general fund. Allows Indian Creek Township in Pulaski County to reduce the maximum permissible levy for the township's fire fund by $4,000 and increase the maximum permissible levy for the township's general fund by $4,000.



Reprinted

February 15, 2000


Second Regular Session 111th General Assembly (2000)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 1999 General Assembly.

ENGROSSED

HOUSE BILL No. 1008



    A BILL FOR AN ACT to amend the Indiana Code concerning local government.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 5-3-1-3; (00)EH1008.2.1. -->     SECTION 1. IC 5-3-1-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 3. (a) Within sixty (60) days after the expiration of each calendar year, the fiscal officer of each civil city and town in Indiana shall publish an annual report of the receipts and expenditures of the city or town showing the same by funds and appropriations as is provided for by IC 36-2-2-19 for the executive of each county. during the preceding calendar year. The statement must include the name of and compensation paid to each county officer, deputy, and employee.
    (b) Not earlier than August 1 or later than August 15 of each year, the secretary of each school corporation in Indiana shall publish an annual financial report.
    (c) In the annual financial report the school corporation shall include the following:
        (1) Actual receipts and expenditures by major accounts as compared to the budget advertised under IC 6-1.1-17-3 for the prior calendar year.
        (2) The salary schedule for all certificated employees (as defined in IC 20-7.5-1-2) as of June 30, with the number of employees at each salary increment. However, the listing of salaries of individual teachers is not required.
        (3) The extracurricular salary schedule as of June 30.
        (4) The range of rates of pay for all noncertificated employees by specific classification.
        (5) The number of employees who are full-time certificated, part-time certificated, full-time noncertificated, and part-time noncertificated.
        (6) The lowest, highest, and average salary for the administrative staff and the number of administrators without a listing of the names of particular administrators.
        (7) The number of students enrolled at each grade level and the total enrollment.
        (8) The assessed valuation of the school corporation for the prior and current calendar year.
        (9) The tax rate for each fund for the prior and current calendar year.
        (10) In the general fund, capital projects fund, and transportation fund, a report of the total payment made to each vendor for the specific fund in excess of two thousand five hundred dollars ($2,500) during the prior calendar year. However, a school corporation is not required to include more than two hundred (200) vendors whose total payment to each vendor was in excess of two thousand five hundred dollars ($2,500). A school corporation shall list the vendors in descending order from the vendor with the highest total payment to the vendor with the lowest total payment above the minimum listed in this subdivision.
        (11) A statement providing that the contracts, vouchers, and bills for all payments made by the school corporation are in its possession and open to public inspection.
        (12) The total indebtedness as of the end of the prior calendar year showing the total amount of notes, bonds, certificates, claims due, total amount due from such corporation for public improvement assessments or intersections of streets, and any and all other evidences of indebtedness outstanding and unpaid at the close of the prior calendar year.
    (d) The school corporation may provide an interpretation or explanation of the information included in the financial report.
    (e) The department of education shall do the following:
        (1) Develop guidelines for the preparation and form of the financial report.
        (2) Provide information to assist school corporations in the preparation of the financial report.
    (f) The annual reports required by this section and IC 36-2-2-19 and the abstract required by IC 36-6-4-13 shall each be published one (1) time only, in accordance with this chapter.
    (g) Each school corporation shall submit to the department of education a copy of the financial report required under this section. The department of education shall make the financial reports available for public inspection.
SOURCE: IC 5-3-1-4; (00)EH1008.2.2. -->     SECTION 2. IC 5-3-1-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 4. (a) Whenever officers of a political subdivision are required to publish a notice affecting the political subdivision, they shall publish the notice in two (2) newspapers published in the political subdivision.
    (b) This subsection applies to notices published by county officers. If there is only one (1) newspaper published in the county, then publication in that newspaper alone is sufficient.
    (c) This subsection applies to notices published by city, town, or school corporation officers. If there is only one (1) newspaper published in the municipality or school corporation, then publication in that newspaper alone is sufficient. If no newspaper is published in the municipality or school corporation, then publication shall be made in a newspaper published in the county in which the municipality or school corporation is located and that circulates within the municipality or school corporation. The notice shall be posted:
        (1) at or near the city or town hall or school administration          building; and or
        (2) at the:
             (A) public building where the governing body of the respective city, town, or school corporation meets; or
            (B)
post office in the municipality or school corporation (or at the bank if there is no post office);
        if the municipality does not have a city or town hall, or the school corporation does not have an administration building.
    (d) This subsection applies to notices published by officers of political subdivisions not covered by subsection (a) or (b), including township officers. If there is only one (1) newspaper published in the political subdivision, then the notice shall be published in that newspaper and if another newspaper is published in the county and circulates within the political subdivision in the other newspaper. If no

newspaper is published in the political subdivision, then publication shall be made in a newspaper published in the county and that circulates within the political subdivision.
    (e) This subsection applies to a political subdivision, including a city, town, or school corporation. Notwithstanding any other law, if a political subdivision has territory in more than one (1) county, public notices that are required by law or ordered to be published must be given as follows:
        (1) By publication in two (2) newspapers published within the boundaries of the political subdivision.
        (2) If only one (1) newspaper is published within the boundaries of the political subdivision, by publication in that newspaper and in some other newspaper:
            (A) published in any county in which the political subdivision extends; and
            (B) that has a general circulation in the political subdivision.
        (3) If no newspaper is published within the boundaries of the political subdivision, by publication in two (2) newspapers that:
            (A) are published in any counties into which the political subdivision extends; and
            (B) have a general circulation in the political subdivision.
        (4) If only one (1) newspaper is published in any of the counties into which the political subdivision extends, by publication in that newspaper if it circulates within the political subdivision.
    (f) A political subdivision may, in its discretion, publish public notices in a qualified publication or additional newspapers to provide supplementary notification to the public. The cost of publishing supplementary notification is a proper expenditure of the political subdivision.

SOURCE: IC 5-11-14-1; (00)EH1008.2.3. -->     SECTION 3. IC 5-11-14-1, AS AMENDED BY P.L.35-1999, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2000 (RETROACTIVE)]: Sec. 1. (a) As used in this section, "official" includes the following:
        (1) An elected official who is entitled to attend a conference under this section.
        (2) An individual elected to an office who is entitled to attend a conference under this section.
        (3) A deputy or an assistant to an elected official who is entitled to attend a conference under this section.
    (b) The state board of accounts shall annually call a conference of each of the following:
        (1) County auditors and auditors elect.
        (2) County treasurers and treasurers elect.
        (3) Circuit court clerks and circuit court clerks elect.
    (c) Each of the conferences called under subsection (b):
        (1) must be held at a time and place fixed by the state examiner;
        (2) may be held statewide or by district; and
        (3) may not continue for longer than three (3) days in any one (1) year.
    (d) The following training must be provided at each conference called under subsection (b):
        (1) The proper use of forms prescribed by the state board of accounts.
        (2) The keeping of the records of the respective offices.
        (3) At the conference for county treasurers and treasurers elect, investment training by the following:
            (A) The treasurer of state.
            (B) The board for depositories.
            (C) Any other person the state examiner considers to be competent in providing investment training.
        (4) Any other training that, in the judgment of the state examiner, will result in the better conduct of the public business.
    (e) The state examiner may hold other conferences for:
        (1) the officials described in subsection (b); or
        (2) other county, city, or township officers;
whenever in the judgment of the state examiner conferences are necessary.
    (f) Whenever a conference is called by the state board of accounts under this section, an elected official, at the direction of the state examiner, may require the attendance of:
        (1) each of the elected official's appointed and acting chief deputies or chief assistants; and
        (2) if the number of deputies or assistants employed:
            (A) does not exceed three (3), one (1) of the elected official's appointed and acting deputies or assistants; or
            (B) exceeds three (3), two (2) of the elected official's duly appointed and acting deputies or assistants.
    (g) Each official attending any conference under this section shall be allowed, for each mile necessarily traveled in going to and returning from the conference by the most expeditious route, a sum for mileage at a rate determined by the fiscal body of the unit the official represents. Each official shall also be allowed, while attending a conference called under this section, an allowance for lodging for each night preceding conference attendance in an amount equal to the single

room rate. However, lodging expense, in the case of a one (1) day conference, shall only be allowed for persons who reside fifty (50) miles or farther from the conference location. Each official shall be reimbursed, in an amount determined by the fiscal body of the unit the official represents, for meals purchased while attending a conference called under this section. Regardless of the duration of the conference, only one (1) mileage reimbursement shall be allowed to the official furnishing the conveyance although the official transports more than one (1) person.
    (h) The state board of accounts shall certify the number of days of attendance and the mileage for each conference to each official attending any conference under this section.
    (i) All payments of mileage and lodging shall be made by the proper disbursing officer in the manner provided by law on a duly verified claim or voucher to which shall be attached the certificate of the state board of accounts showing the number of days attended and the number of miles traveled. All payments shall be made from the general fund from any money not otherwise appropriated and without any previous appropriation being made therefor.

SOURCE: IC 6-1.1-24-5.3; (00)EH1008.2.4. -->     SECTION 4. IC 6-1.1-24-5.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 5.3. (a) This section applies to the following:
        (1) A person who owes delinquent taxes, special assessments, penalties, interest, or costs directly attributable to a prior tax sale on a tract of real property listed under section 1 of this chapter.
        (2) A person who is an agent of the person described in subdivision (1).
    (b) A person subject to this section may not purchase a tract offered for sale under section 5, 5.2, 5.5, or 5.6 of this chapter.
    (c) If a person purchases a tract that the person was not eligible to purchase under this section, the sale of the property is void. The county treasurer shall apply the amount of the person's bid to the person's delinquent taxes and offer the real property for sale again under this chapter.

SOURCE: IC 6-4.1-10-3; (00)EH1008.2.5. -->     SECTION 5. IC 6-4.1-10-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 3. (a) The department of state revenue shall review each claim for refund and shall enter an order either approving, partially approving, or disapproving the refund. If the department either approves or partially approves a claim for refund, the department shall send a copy of the order to:
        (1) the treasurer of the county that collected the tax, if the refund applies to inheritance tax collected as a result of a resident decedent's death; or and
        (2) the treasurer of state. if the refund applies to tax collected by the department.
The county or state treasurer as the case may be, of state shall pay the refund from money which is under his control and which has not otherwise been appropriated. The county or state treasurer of state shall receive a credit for the county portion of the amount so refunded, and the county treasurer of the county owing the credit shall claim the credit account for the credit on his the county's inheritance tax report for the quarter in which the refund is paid.
    (b) Within five (5) days after entering an order with respect to a claim for refund filed under section 1 of this chapter, the department shall send a copy of the order to the person who filed the claim.
SOURCE: IC 13-21-3-12.2; (00)EH1008.2.6. -->     SECTION 6. IC 13-21-3-12.2 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 12.2 . (a) This section applies to a county having a population of more than one hundred sixty thousand (160,000) but less than two hundred thousand (200,000).
    (b) In addition to the powers granted to a district under section 12 of this chapter, a district may make grants or loans of money, property, or services to a public or private program to plant or maintain trees in an area of the district that is a right-of-way, public property, or vacant property.

SOURCE: IC 32-1-2-18; (00)EH1008.2.7. -->     SECTION 7. IC 32-1-2-18 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 18. To entitle any conveyance, mortgage or instrument of writing to be recorded, it shall be acknowledged by the grantor or proved before any:
         (1) judge; or
         (2) clerk of a court of record; justice of the peace,
         (3) auditor;
         (4) recorder;
         (5) notary public; or
         (6) mayor of a city in this or any other state; or before any
         (7) commissioner appointed in any other state by the governor of this state, Indiana; or before any
         (8) minister, charge d'affaires, or consul of the United States in any foreign country;
         (9) clerk of the city-county council for a consolidated city, city clerk for a second class city, or clerk-treasurer for a third class city;
        (10) clerk-treasurer for a town; or
        (11) person authorized under IC 2-3-4-1, including a member of the general assembly, the principal clerk of the house of representatives, and the secretary of the senate.

SOURCE: IC 33-17-1-4; (00)EH1008.2.8. -->     SECTION 8. IC 33-17-1-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 4. (a) As used in this section, "Indiana support enforcement tracking system (ISETS)" refers to the statewide automated system for the collection, disbursement, and distribution of child support payments established by the division of family and children.
    (b) The clerk may receive funds:
        (1) in payment of judgments; and
        (2) ordered to be paid into the court by the judge.
    (c) Except as provided in subsection subsections (d) and (g), the clerk is liable, with his sureties, on his official bond for all funds received to any person who is entitled to demand and receive those funds from him.
    (d) The clerk is not personally liable or liable in the clerk's official capacity on the clerk's official bond for funds received if the clerk:
        (1) through error or in accordance with the best information available to the clerk, disbursed the funds to a person the clerk reasonably believed to be entitled to receive the funds and to comply with a:
            (A) child support order; or
            (B) garnishment order;
        (2) inappropriately disbursed or misapplied child support funds, arising without the knowledge or approval of the clerk, that resulted from:
            (A) an action by an employee of, or a consultant to, the division of family and children;
            (B) an ISETS technological error; or
            (C) information generated by ISETS;
        (3) disbursed funds that the clerk reasonably believed were available for disbursement but that were not actually available for disbursement;
        (4) disbursed child support funds paid to the clerk by a personal check that was later dishonored by a financial institution; and
        (5) did not commit a criminal offense as a part of the disbursement.
    (e) If the clerk improperly disburses funds in the manner described by subsection (d), the clerk shall do the following:
        (1) Deduct an amount equal to the amount of funds improperly

disbursed from fees collected under IC 33-19-6-5.
        (2) Credit each account from which funds were improperly disbursed with the amount of funds improperly disbursed under subsection (d).
        (3) Notify the prosecuting attorney of the county of:
            (A) the amount of the improper disbursement;
            (B) the person from whom the amount of the improper disbursement should be collected; and
            (C) any other information to assist the prosecuting attorney to collect the amount of the improper disbursement.
        (4) Record each action taken under this subsection on a form prescribed by the state board of accounts.
    (f) If:
        (1) fees collected under IC 33-19-6-5 are credited to an account under subsection (e)(2) because a check or money order was dishonored by a financial institution or was the subject of a stop payment order; and
        (2) a person subsequently pays to the clerk all or part of the amount of the check or money order that was dishonored or the subject of a stop payment order;
the clerk shall reimburse the account containing fees collected under IC 33-19-6-5 using the amount the person paid to the clerk.
    (g) The clerk is not personally liable for the amount of a dishonored check, for penalties assessed against a dishonored check, or for financial institution charges relating to a dishonored check, if:
        (1) the check was tendered to the clerk for the payment of a:
            (A) fee;
            (B) court ordered payment; or
            (C) license; and
        (2) the acceptance of the check was not an act or omission constituting gross negligence or an intentional disregard of the responsibilities of the office of clerk.

SOURCE: IC 33-19-7-3; (00)EH1008.2.9. -->     SECTION 9. IC 33-19-7-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 3. (a) The qualified municipality share to be distributed to each city and town maintaining a law enforcement agency that prosecutes at least fifty percent (50%) of its ordinance violations in a circuit, superior, or county or municipal court located in the county is three percent (3%) of the amount of fees collected under the following:
        (1) IC 33-19-5-1(a) (criminal costs fees).
        (2) IC 33-19-5-2(a) (infraction or ordinance violation costs fees).
        (3) IC 33-19-5-3(a) (juvenile costs fees).
        (4) IC 33-19-5-4(a) (civil costs fees).
        (5) IC 33-19-5-5(a) (small claims costs fees).
        (6) IC 33-19-5-6(a) (probate costs fees).
        (7) IC 33-19-6-16.2 (deferred prosecution fees).
    (b) The county auditor shall determine the amount to be distributed to each city and town qualified under subsection (a) as follows:
        STEP ONE: Determine the population of the qualified city or town.
        STEP TWO: Add the populations of all qualified cities and towns determined under STEP ONE.
        STEP THREE: Divide the population of each qualified city and town by the sum determined under STEP TWO.
        STEP FOUR: Multiply the result determined under STEP THREE for each qualified city and town by the amount of the qualified municipality share.
    (c) The county auditor shall semiannually distribute to each city and town described in subsection (a) the amount computed for that city or town under STEP FOUR of subsection (b).
SOURCE: IC 34-30-2-144.5; (00)EH1008.2.10. -->     SECTION 10. IC 34-30-2-144.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 144.5. IC 33-17-1-4. (Concerning the personal liability of circuit court clerks for dishonored checks.)
SOURCE: IC 34-30-2-152.4; (00)EH1008.2.11. -->     SECTION 11. IC 34-30-2-152.4 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 152.4. IC 36-2-10-24. (Concerning the personal liability of county treasurers.)
SOURCE: IC 34-30-2-152.6; (00)EH1008.2.12. -->     SECTION 12. IC 34-30-2-152.6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 152.6. IC 36-2-11-7.5. (Concerning the personal liability of county recorders for dishonored checks.)
SOURCE: IC 36-1-8-13; (00)EH1008.2.13. -->     SECTION 13. IC 36-1-8-13 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 13. (a) A unit that is unable to obtain payment of a dishonored check shall, not later than ninety (90) days after the check is initially received by the unit, refer the matter to the prosecuting attorney for the county where the dishonored check was received for prosecution.
SOURCE: IC 36-1-11-16; (00)EH1008.2.14. -->     SECTION 14. IC 36-1-11-16 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 16. (a) This section applies to the following:
        (1) A person who could have redeemed a tract under IC 6-1.1-25-1 who did not redeem the tract before a deed for the tract was issued to a county under IC 6-1.1-25-4. owes delinquent taxes, special assessments, penalties, interest, or costs directly attributable to a prior tax sale on a tract of real property listed under IC 6-1.1-24-1.
        (2) A person who is an agent of the person described in subdivision (1).
    (b) A person subject to this section may not purchase, receive, or lease a tract the person could have redeemed when the tract that is offered in a sale, exchange, or lease under this chapter. unless:
        (1) the county was issued a deed to the tract under IC 6-1.1-25-4 more than five (5) years before the tract is offered for sale, exchange, or lease under this chapter; or
        (2) the person pays the county treasurer an amount equal to the amount required to redeem the tract when the county was issued a deed for the tract under IC 6-1.1-25-4 before the sale, exchange, or lease under this chapter is executed by the county.
    (c) If a person purchases, receives, or leases a tract that the person was not eligible to purchase, receive, or lease under this section, the sale, transfer, or lease of the property is void and the county retains the interest in the tract it possessed before the sale, transfer, or lease of the tract.
SOURCE: IC 36-2-2-19; (00)EH1008.2.15. -->     SECTION 15. IC 36-2-2-19 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 19. At its second regular meeting each year, the executive shall make an accurate statement of the county's receipts and expenditures during the preceding calendar year. The statement must include the name of and total compensation paid to each all county officer, deputy, and employee. officers, deputies, and employees. The executive shall post this statement at the courthouse door and two (2) other places in the county and shall publish it in the manner prescribed by IC 5-3-1.
SOURCE: IC 36-2-10-24; (00)EH1008.2.16. -->     SECTION 16. IC 36-2-10-24 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 24. A county treasurer is not personally liable for any act or omission occurring in connection with the performance of the county treasurer's official duties, unless the act or omission constitutes gross negligence or an intentional disregard of the responsibilities of the office of county treasurer.
SOURCE: IC 36-2-11-7.5; (00)EH1008.2.17. -->     SECTION 17. IC 36-2-11-7.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS

[EFFECTIVE JULY 1, 2000]: Sec. 7.5. A county recorder is not personally liable for the amount of a dishonored check, for penalties assessed against a dishonored check, or for financial institution charges relating to a dishonored check, if:
        (1) the check was tendered to the county recorder for the payment of a fee; and
        (2) the acceptance of the check was not an act or omission constituting gross negligence or an intentional disregard of the responsibilities of the office of county recorder.

SOURCE: IC 36-4-8-15; (00)EH1008.2.18. -->     SECTION 18. IC 36-4-8-15 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 15. Each city agency, board, commission, district, or other city entity shall file one (1) copy of that agency's, board's, commission's, district's, or entity's financial records with the city fiscal officer.
SOURCE: IC 36-5-4-14; (00)EH1008.2.19. -->     SECTION 19. IC 36-5-4-14 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 14. Each town agency, board, commission, district, or other town entity shall file one (1) copy of that agency's, board's, commission's, district's, or entity's financial records with the town fiscal officer.
SOURCE: IC 36-5-6-8; (00)EH1008.2.20. -->     SECTION 20. IC 36-5-6-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 8. (a) A clerk-treasurer may hire or contract with competent attorneys or legal research assistants on terms the clerk-treasurer considers appropriate.
    (b) Appropriations for the salaries of attorneys and legal research assistants employed under this section shall be approved in the annual budget.
    (c) Appropriations for the salaries of attorneys and legal research assistants employed under this section shall be approved in the annual budget and must be allocated to the clerk-treasurer for the payment of attorneys' and legal research assistants' salaries.
SOURCE: IC 36-8-9-3; (00)EH1008.2.21. -->     SECTION 21. IC 36-8-9-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 3. (a) The board consists of three (3) commissioners appointed by the town legislative body. The commissioners must be of good moral character and legal residents of the town. Not more than two (2) of the commissioners may be of the same political party. All three (3) commissioners shall be appointed in January following the general or primary election at which the trustees' action is ratified as specified in the ordinance creating the board. One (1) commissioner serves for one (1) year, one (1)

commissioner serves for two (2) years, and one (1) commissioner serves for three (3) years. On January 1 of each year one (1) commissioner shall be appointed to serve for a term of three (3) years. Each commissioner is subject to removal by the legislative body for any cause that the legislative body considers sufficient.
    (b) After the initial appointment of the three (3) commissioners, the town legislative body may, by ordinance, increase the size of the board by providing for the appointment of two (2) additional commissioners. The commissioners must be of good moral character and legal residents of the town. The additional commissioners may not be members of the same political party. Each additional commissioner shall be appointed to serve for a term of three (3) years, however the initial appointment need not be for three (3) years if the town legislative body adopts, by ordinance, a staggered system for the terms of the additional members. The terms of additional members begin January 1 following the date of their appointment. Each commissioner appointed under this subsection is subject to removal by the legislative body for any cause that the legislative body considers sufficient.
    (c) Before entering upon his duties, each commissioner shall take and subscribe an oath of office before the clerk of the county in which the town is located. Each commissioner shall also take and subscribe before the clerk the further oath or affirmation that, in each appointment or removal made by the board to or from the town police department under this chapter, he will not appoint or remove a member because of the political affiliation of the person or for another cause or reason other than that of the fitness of the person. The oath and affirmation shall be recorded and placed among the records of the court.
    (d) Each commissioner shall give bond in the penal sum of five thousand dollars ($5,000), payable to the state and conditioned upon the faithful and honest discharge of his duties. The bond must be approved by the legislative body.
    (e) The salary of the commissioners shall be fixed by the legislative body and is payable monthly out of the treasury of the town.

SOURCE: IC 36-8-9-7; (00)EH1008.2.22. -->     SECTION 22. IC 36-8-9-7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7. (a) The board may provide that all appointments to the police department are probationary for a period not to exceed one (1) year.
    (b) If the board finds, upon the recommendation of the chief of the department during the probationary period, that the conduct or capacity of a member is not satisfactory, the board shall notify

the member in writing that the member is being suspended or that the member will not receive a permanent appointment.
    (c) If a member is notified that the member will not receive a permanent appointment, the member's employment immediately ceases. Otherwise, at the expiration of the probationary period, the member is considered regularly employed.

SOURCE: IC 36-9-23-33; (00)EH1008.2.23. -->     SECTION 23. IC 36-9-23-33 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 33. (a) An officer described in subsection (b) may defer enforcing the collection of unpaid fees and penalties assessed under this chapter until the unpaid fees and penalties have been due and unpaid for at least ninety (90) days.
    (b) Except as provided in subsection (l), the officer charged with the collection of fees and penalties assessed under this chapter shall enforce their payment. As often as the officer determines is necessary in a calendar year, the officer shall not more than four (4) times in any calendar year prepare a list of the delinquent fees and penalties that are enforceable under this section, which must include:
        (1) the name or names of the owner or owners of each lot or parcel of real property on which fees are delinquent;
        (2) the description of the premises, as shown by the records of the county auditor; and
        (3) the amount of the delinquent fees, together with the penalty.
    (c) The officer shall record a copy of each list with the county recorder who shall charge a fee for recording it in accordance with the fee schedule established in IC 36-2-7-10. The officer shall then mail to each property owner on the list a notice stating that a lien against the owner's property has been recorded. Except for a county having a consolidated city, a service charge of five dollars ($5), which is in addition to the recording fee charged under this subsection and under subsection (f), shall be added to each delinquent fee that is recorded.
    (d) This subsection applies only to a county containing a consolidated city. Using the lists prepared under subsection (b) and recorded under subsection (c), the officer shall certify to the county auditor a list of the liens that remain unpaid according to a schedule agreed upon by the county treasurer and the officer for collection with the next cycle's property tax installment. The county and its officers and employees are not liable for any material error in the information on the list.
    (e) Using the lists prepared under subsection (b) and recorded under subsection (c), after September 1 of the preceding calendar year and before September 1 of the current calendar year, the officer shall before

December 15 of each year certify to the county auditor a list of the liens that remain unpaid for collection in the next May. The county and its officers and employees are not liable for any material error in the information on this list.
    (f) The officer shall release any recorded lien when the delinquent fees, penalties, service charges, and recording fees have been fully paid. The county recorder shall charge a fee for releasing the lien in accordance with IC 36-2-7-10.
    (g) On receipt of the list under subsection (d) or (e), the county auditor of each county (excluding a county having a consolidated city) shall add a fifteen dollar ($15) certification fee for each lot or parcel of real property on which fees are delinquent, which fee is in addition to all other fees and charges. The county auditor shall immediately enter on the tax duplicate for the municipality the delinquent fees, penalties, service charges, recording fees, and certification fees, which are due no later than the due date of the next May installment of property taxes. However, in a county having a consolidated city, the delinquent fees, penalties, service charges, and recording fees are due not later than the due date of the next installment of property taxes. The county treasurer shall then include any unpaid charges for the delinquent fee, penalty, service charge, recording fee, and certification fee to the owner or owners of each lot or parcel of property, at the time the next cycle's property tax installment is billed.
    (h) After the date of certification in each year, the officer may not collect or accept delinquent fees, penalties, service charges, recording fees, or certification fees from property owners whose property has been certified to the county auditor. This subsection does not apply to a county containing a consolidated city.
    (i) If a delinquent fee, penalty, service charge, recording fee, and certification fee are not paid, they shall be collected by the county treasurer in the same way that delinquent property taxes are collected.
    (j) At the time of each semiannual tax settlement, the county treasurer shall certify to the county auditor all fees, charges, and penalties that have been collected. The county auditor shall deduct the service charges and certification fees collected by the county treasurer and pay over to the officer the remaining fees and penalties due the municipality. The county treasurer shall retain the service charges and certification fees that have been collected, and shall deposit them in the county general fund.
    (k) Fees, penalties, and service charges that were not recorded before a recorded conveyance shall be removed from the tax roll for a purchaser who, in the manner prescribed by section 32(d) of this

chapter, files a verified demand with the county auditor.
    (l) A board may write off a fee or penalty under subsection (a) that is for less than forty dollars ($40).

SOURCE: IC 6-1.1-12-8; (00)EH1008.2.24. -->     SECTION 24. IC 6-1.1-12-8 IS REPEALED [EFFECTIVE JULY 1, 2000].
SOURCE: ; (00)EH1008.2.25. -->     SECTION 25. [EFFECTIVE UPON PASSAGE] (a) This SECTION applies to a township having a population of more than six hundred (600) but less than six hundred thirty-five (635) located in a county having a population of more than twelve thousand six hundred (12,600) but less than thirteen thousand (13,000).
     (b) Notwithstanding IC 36-1-8-4, a township may transfer eight thousand two hundred dollars ($8,200) from the township's fire fund to the township's general fund. The township is not required to return the money to the fire fund.
    (c) A township may reduce the maximum permissible levy for the township's fire fund under IC 6-1.1-18.5 by four thousand dollars ($4,000). The township may increase the maximum permissible levy for the township's general fund under IC 6-1.1-18.5 by four thousand dollars ($4,000).
    (d) This SECTION applies to property taxes first due and payable after December 31, 2000.
    (e) This SECTION expires December 31, 2001.

SOURCE: ; (00)EH1008.2.26. -->     SECTION 26. An emergency is declared for this act.